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Project Title |
A Land Use Permit to Recognize Existing Business "Candy's Landscape”, a Side Yard Variance for 4 Buildings to the Landscaping Business, and a Variance to Merge the Subject Property with the Neighboring Lot |
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County File: |
CDLP23-02053 |
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Applicant/Owner: |
Jason Toste (Applicant) / Candelario Barragan (Property Owner) |
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Zoning/General Plan: |
A-40, Exclusive Agricultural District / AC, Agricultural Core |
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Site Address/Location: |
14101 and 14121 Byron Hwy in the Byron area of unincorporated Contra Costa County (APNs: 002-010-034 and 002-010-004) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemptions: Class 3: CEQA Guidelines Section 15303(e) - New Construction or Conversion of Small Structures, and Class 5: CEQA Guidelines Section 15305(a) - Minor Alterations in Land Use Limitations |
Project Planner: Dominique Vogelpohl, Project Planner (925) 655-2880 Dominique.Vogelpohl@dcd.cccounty.us <mailto:Dominique.Vogelpohl@dcd.cccounty.us>
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
Request for approval of a Land Use Permit to recognize existing landscaping business "Candy's Landscape" that has been in operation since 2007, and a Variance to allow a 26-foot side yard (where 50-feet is the minimum required) for the existing locations of the four buildings being used for this business. This application also includes a request for approval of a Variance to allow a lot merger with the subject property and neighboring property located at 14121 Byron Hwy that results in an approximately 15-acre parcel (where 40 acres is the minimum lot size required).
II. RECOMMENDATIONS
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
A. APPROVE Land Use Permit CDLP23-02053 for “Candy’s Landscape”, including the Variance to the side yard for the business’s four existing buildings, and the Variance to lot area for the lot merger, subject to the attached findings and conditions of approval.
B. FIND that the project is categorically exempt from CEQA under Sections 15303(e) and 15305(a) of the CEQA Guidelines.
C. DIRECT staff to file a Notice of Exemption.
III. GENERAL INFORMATION
A. General Plan: AC, Agricultural Core land use designation.
B. Zoning: A-40, Exclusive Agricultural district.
C. Flood Zone: AE
D. California Environmental Quality Act (CEQA) Compliance:
Categorical Exemption - Class 3: CEQA Guidelines Section 15303(e), New Construction or Conversion of Small Structures: Construction and location of limited numbers of new, small facilities or structures such as garages, carports, patios, swimming pools, and fences. The four buildings for this project are comparable to garages or carports. They may be existing, but they need to be permitted, so some construction may be necessary, and they are used for a “small facility” i.e. the landscaping business; and
Categorical Exemption -Class 5: CEQA Guidelines Section 15305(a) - Minor Alterations in Land Use Limitations: Minor alterations in land use limitations (such as lot line adjustments) in areas with an average slope of less than 20%, which do not result in any changes in land use or density. The properties are relatively flat, the land uses will not change as a result of a lot merger, and the project is conditioned to require an accessory dwelling unit application be approved prior to approval of a lot line adjustment to not have two dwelling units on one agricultural property, thus, not changing the density.
E. Previous Applications for 14101 Byron Hwy:
CECF24-00274: Code Enforcement case for several existing buildings built without permits. The four buildings for Candy’s Landscape are part of this code enforcement case.
CDLL23-00019: Lot Line Adjustment Application for the merging of 14101 and 14121 Byron Hwy that requires the variance to lot area that is part of this application.
CDVR23-01001: Variance approved on March 19, 2024, that allowed a 2-foot side yard from the southern property line (where 50-feet is the minimum required) for a 2,300 square-foot agricultural building, a 20-foot side yard from the eastern property line (where 50-feet is the minimum) for a 620 square-foot agricultural building, and a 21-foot side yard from the eastern property line (where 50-feet is the minimum) for a 600 square-foot agricultural building. These buildings are part of the code enforcement case referenced above.
CDPC14-00007: Planning Consideration that was withdrawn to determine what C.3 requirements would be required to build a 11,500 square-foot barn building.
F. Previous Applications for 14121 Byron Hwy:
None.
IV. SITE/AREA DESCRIPTION
The subject property (14101 Byron Hwy) is approximately 12.18-acres, and the neighboring property (14121 Byron Hwy) is approximately 3-acres, located in the Byron area of unincorporated Contra Costa County along Byron Highway. They are surrounded by large agricultural parcels. For the subject property, what fronts Byron Highway are two access points with the residence at the southwest end and an entry gate at the northwest end, with two other properties in the middle. Along the entire north property line is a road easement dedicated to the Contra Costa Water District and along the north side of the easement is Kellogg Creek. The property is completely filled with many agricultural buildings used to raise livestock and horses, along with the four buildings reserved to house the materials and equipment for the landscaping business. Essentially none of these buildings are visible from Byron Highway because they are blocked by the other two properties previously mentioned. The neighboring property at 14121 Byron Hwy has a residence with a few agriculture buildings behind it, leaving the majority of the property vacant.
V. PROJECT DESCRIPTION
The request for approval of a Land Use Permit is to recognize the existing landscaping business "Candy's Landscape" to allow the four subject buildings (vary in size from 1,000 to 3,200 square-feet) to be used for this business, and to also be able to approve a building permit to permit these buildings to satisfy the code enforcement case previously mentioned. This business has been in operation since 2007 with a County business license, but as the County Treasurer-Tax Collector Department did not verify zoning approval during this time a business license was issued without first obtaining a Property Use Verification Permit from the Planning Department as would be required today. The business license is still valid and in good standing, but to be able to issue a building permit the buildings’ use first needs to be found consistent with the respective zoning district, and thus receive approval of a Land Use Permit that finds the existing business to provide services incidental to agricultural use per County Code Section 84-80.404(1). These four buildings also need to receive approval of a Variance to allow a 26-foot setback as their existing locations are in the required 50-foot side yard area. Both the Land Use Permit and Variance must first receive approval prior to the building permit moving forward to resolve the code enforcement case.
“Candy’s Landscape” operates daily from 7AM-4PM. No customers visit the property and out of the 17 employees, only 1-3 may be onsite at any given time. No heavy-duty vehicles are necessary to deliver materials, and the employees drive standard pickup trucks to go to and from the property and the job sites. The main materials used are wattle for erosion control and the tools needed to install it. The only hazardous materials stored onsite is motor oil for routine maintenance of work vehicles. During harvesttime, erosion control is necessary to keep the mud and runoff from going onto neighboring properties, and after harvesttime the roads are very muddy and require cleanup. “Candy’s Landscape” provides these services of erosion control and cleanup during and after harvesttime. Its clientele includes the neighboring farmlands and is a valued business in the community.
This application also includes a request for approval of Variance to allow a lot merger with the neighboring property located at 14121 Byron Hwy that results in an approximately 15-acre parcel (where 40 acres is the minimum lot area required). This lot merger does not create any other variances and would allow two lots with the same owner to become one property. The existing residence at 14121 Byron would have to be recognized as an Acceesoory Dwelling Unit to allow two residential units on the same lot, so this application is conditioned to first receive approval of an Accessory Dwelling Unit application prior to approval of a Lot Line Adjustment application.
VI. AGENCY COMMENTS
An Agency Comment Request packet for CDLP23-02053 was sent on December 6, 2023, to several public agencies, including the Building Inspection Division, the Public Works Department, the East Contra Costa County Habitat Conservancy, the Environmental Health Division of the Health Services Department, the East Contra Costa Fire Protection District, the Byron Municipal Advisory Council (MAC), the Bethany-Byron Irrigation District, and the Contra Costa Mosquito & Vector Control District. Agency comments received by are attached to this staff report. The following are summaries of the comments received.
A. Byron MAC: At their January 23, 2024, meeting, the MAC unanimously recommended approval of the project.
B. East Contra Costa County Habitat Conservancy: In an email received on December 6, 2023, the Habitat Conservancy stated the project does not require compliance with the HCP/NCCP.
C. East Contra Costa Fire Protection District: In a returned Agency Comment request form dated December 6, 2023, the Fire Protection District stated they have no comments.
VII. STAFF ANALYSIS
A. Consistency with the General Plan: The project site is located in a Agricultural Core (AC) designated area. Much of the area under this designation is prime agricultural land that is actively farmed with intensive row crops, orchards, and vineyards. Agricultural production is the primary use in areas with this designation and takes precedent over other uses. Limited agricultural tourism activities that support the agricultural economy are consistent with this designation. “Ranchette” or estate-style residential development, and any other use that interferes with agricultural activities, is inconsistent with this designation.
The subject property’s primary use is agricultural in raising livestock and horses. “Candy’s Landscape” does not hinder the property’s agricultural activities, and is found to provide a service incidental to agricultural uses. As such, “Candy’s Landscape”, and its four buildings, are consistent with the AC designation, as well allowing a lot merger that increases the lot area to be more conforming and does not increase the density with the approval of an Accessory Dwelling Unit application. The project is also consistent with the General Plan Stronger Communities Element, Conservation Element, Health and Safety Element, and Growth Management Element.
Stronger Communities Element: The Project is consistent with the guidelines and policies for the Byron community profile, particularly Policy 1. Encourage commercial development that supports a full range of services for residents and is tailored to Byron’s small-town character, ideally celebrating the historic and agricultural roots of the community.
Conservation Element: Byron Highway is a County designated Scenic Route as shown in Figure COS-12 Scenic Resources. The buildings for Candy’s Landscape are essentially not visible from Byron Highway because they are blocked by the two properties that are in front of them, safeguarding the rural character that is exemplified on this scenic route. The lot merger does not change what is visible from Byron Highway.
Health and Safety Element: The subject property is also partially located in a 60 dB Noise Contour area. “Candy’s Landscape” is within this area, but as its only real noise generating activities are truck trips, and typical pickup trucks that are normal to residential areas are what the business uses, noise levels are found to be consistent with the 60 dB threshold. The lot merger will not impact noise levels.
Growth Management Element: The project will not increase the population for the area, and does not require an increase in services.
B. Consistency with Zoning: The project site is located within an Exclusive Agricultural (A-40) Zoning District. The A-4 Zoning District allows merchandising of agricultural supplies and services incidental to agricultural use, upon the granting of a land use permit pursuant to County Code Section 84-80.404(1). Thus, through approval of this land use permit the proposed project complies with the A-40 Zoning District. During harvesttime, “Candy’s Landscape” installs erosion control measures for farms to keep the mud and runoff from going onto neighboring properties, and provides cleanup services for after harvesttime. Also, work mainly takes place offsite and the buildings, materials, and equipment for the business are consistent with the agricultural uses that currently take place onsite and within the surrounding area. Staff finds these services incidental to agricultural uses and business operations consistent with the agricultural area, and therefore, recommends that the Zoning Administrator approve the requested Land Use Permit to have the business compliant with the A-40 Zoning District.
Secondly, business operations utilize four existing buildings, which require approval of a Variance to allow a 26-foot side yard (where 50-feet is minimum required) to permit these buildings in their current location. These buildings are compliant with the other development standards for the A-40 Zoning District such as setbacks from the other property lines and building height (there is no height restriction for a non-residential building), and staff supports the variance as shown in the attached Variance Findings.
For the lot merger, the resultant property requires approval of a variance to allow a lot area of 15-acres when the minimum lot area for A-40 is 40-acres. Both properties are currently substandard in lot area, but the lot merger will create a more conforming property. Staff’s support for this variance request is expanded on in the attached Variance Findings. The resultant property will meet the required 250-foot minimum average width with an approximately 500-foot average width, and it will not result in any variances to setbacks for any existing buildings or structures. The existing residence at 14121 Byron would have to be recognized as an Acceesoory Dwelling Unit to allow two residential units on the same lot, so this application is conditioned to first receive approval of an Accessory Dwelling Unit application prior to approval of a Lot Line Adjustment application.
C. Off-Street Parking Ordinance: The business utilizes four of the buildings onsite; two that are approximately 1,000 square-feet, one that is approximately 1,500 square-feet, and one that is approximately 3,200 square-feet. The most comparable use listed in this ordinance is warehousing, which requires 1 space per every 1,000 square-feet of floor area. This amounts to a minimum seven (7) 8.5’x18’ off-street parking spaces and 2 short-term and 2 long-term bicycle spaces outside of the setbacks. The business has enough parking as it uses 10 pickup trucks, so it meets the requirements for amount, space dimensions, and locations, but may not meet the other requirements of the ordinance. This area does not warrant surfacing, striping, lighting, bicycle parking etc. Findings recommending approval of Variances to these parking requirements are attached to this staff report. The project is conditioned to include a parking plan showing the minimum required parking spaces as described above is being met for a building permit.
D. Sacramento-San Joaquin Delta: The subject property is located within the Secondary Zone of the Delta as seen in the attached Delta Zone map, and therefore, not subject to the Delta Stewardship Council’s (DSC) Delta Plan.
VIII. CONCLUSION
A Land Use Permit and Variance to recognize an existing landscaping business as providing services incidental to an agricultural use in order to permit four existing buildings that are used for the business and located within the side yard area, and a Variance to allow a resultant lot of a lot merger to have a lot area of less than 40-acres, is consistent with the County General Plan land use designation Agricultural Core (AC) and is compliant with the Exclusive Agricultural (A-40) Zoning District. Therefore, staff recommends that the Zoning Administrator approve County File #CDLP23-02053 based on the attached findings and subject to the attached conditions of approval.